Revoking Power of Attorney

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Revoking Power of Attorney

Postby Enough » Mon Mar 05, 2012 7:14 pm

When we bought our home back in 2000, I granted my wife POA to sign the transaction because I was travelling at the time. I know that it was stupid now. However, I am sitting here with a copy of the POA and am wondering how to get it negated. I am afraid both myself and my wife would have to sign to have it revoked and asking for that would play my hand. Here is what the last point in the POA contract says:

"This power may be revoked at any time by the recodation of an instrument of revocation in the office where deeds to real estate are recorded for the jurisdiction where I reside at the time of the execution of this power, which residence is stated above."

I am trying to get all things in order for when/if the day comes and would like to get this taken care of. However, I will need to think long and hard if the NJ's signature needs to be present to revoke the POA. Any help/advice would be greatly appreciated.
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Re: Revoking Power of Attorney

Postby Fatheroffour » Mon Mar 05, 2012 7:21 pm

Everyone lies.
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Re: Revoking Power of Attorney

Postby Enough » Mon Mar 05, 2012 7:27 pm

Wow, thanks, that seems easy enough. I have a copy of the original so will take care of it ASAP without mentioning it to the NJ.
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Re: Revoking Power of Attorney

Postby Fatheroffour » Mon Mar 05, 2012 7:33 pm

From my reading, one of the steps to revoking the power of attorney is notifying the agent they no longer have that authority.
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Re: Revoking Power of Attorney

Postby Enough » Mon Mar 05, 2012 7:37 pm

Yes, your right. I read through it quickly and misunderstood who the "agent" is. I will handle it an appropriate time in the future.
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Re: Revoking Power of Attorney

Postby Thoughts? » Tue Mar 06, 2012 3:42 am


"This power may be revoked at any time by the recodation of an instrument of revocation in the office where deeds to real estate are recorded for the jurisdiction where I reside at the time of the execution of this power, which residence is stated above."



Because of the specific restrictions stated in the original POA, I would at least pay for a phone consult with an attorney in your jurisdiction to confirm this process. We're laymen here, call me a nervous nelly.
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Re: Revoking Power of Attorney

Postby Treading Water » Thu Mar 08, 2012 4:04 pm

Is it possible that the POA you have only grants her the power to sign for you for that specific transaction? If so, you don't have to worry about anything. If it is a blanket POA that extends in perpetuity then you do need to revoke it.

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Re: Revoking Power of Attorney

Postby Enough » Fri Mar 09, 2012 6:09 pm

Thanks, I read through it. It is pretty all encompassing. At least I have the only copy of it in my planning file at the office. When the time comes I will have it cancelled.

I just wish I would have had it cancelled right after she signed the mortgage.
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